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The Ministry of Legal Affairs and Constitutional Development (MoLACD) was officially established after the signing of the Comprehensive Peace Agreement (CPA) in 2005. As part of the Government of Southern Sudan (GoSS), the Ministry is responsible to:
- Advise all levels of GoSS on legal matters;
- Represent all levels of GoSS in public prosecution, litigation and adjudication;
- Draft legislation for all levels of the government in
Southern Sudan
;
- Any other functions and duties that may be assigned to it by law, the GoSS or any other level of government in southern
; and
- Pursuant to the CPA, establish legal administrations for each of the ten states in
Southern Sudan
by 2010.
To fulfill its responsibilities MoLACD is comprised of the Office of the Minister and the Office of the Under-Secretary, and the following Directorates:
- Directorate of Public Prosecutions
- Directorate of Civil Litigation and Legal Opinion (Advocate General)
- Chief registrar, Business, Associations and Societies and NGOs
- Director for Administration and Finance
- Director for International Conventions & Treaties, Human Rights & Legal Aid
- Government Contracts & Public Trustees
- Director for Training & Research (and customary law).
Although, MoLACD has been officially established and has a clearly defined mandate, it is currently facing many operational challenges including lack of capacity to fulfill its constitutional mandate such as effectively providing legal advisory functions to different governmental agencies, drafting and/or reviewing legislative bills, policy making on customary laws and coordination. MOLACD’s capacity for management, monitoring, supervision and enhancing functioning at the state level is also a challenge. MOLACD lacks sufficient government resources to fulfill its requirements for office space, furniture, communication devices, computers etc.
The Institutional Support to the Ministry of Legal Affairs and Constitutional Development Project primarily utilizes a capacity development strategy, though substantial support to infrastructure is also a project component, to achieve MoLACD’s short-term objectives while facilitating strategic planning for achievement of its medium and long-term objectives. Ultimately, the strategy is aimed at building both institutional and human resource capacity which will enable the Ministry of Legal Affairs and Constitutional Development to achieve its mission of creating a strong foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law.
Through this Project UNDP has been providing support to MOLACD in three areas: technical advice, capacity building and infrastructure/equipment support. Both national and international consultants with functional expertise and experience in comparative jurisdictions are to be engaged and seconded to the MoLACD to provide on-the-job training and mentoring. The advisor will work side-by-side with MoLACD staff to develop or harmonize institutional procedures, regulations and routines, as well as, facilitate the development of strategic plans, directorate staff training plans and identify other areas requiring intervention or support in the area of staff capacity building. Attendance at training workshops in
and externally, as well as study tours to nations with comparable ministerial structures, are also key components of the capacity building intervention.
The Advisor will be responsible for formulation of a baseline assessment as well as a comprehensive capacity building strategy and planning approach.
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